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Other Information

FOI Solutions Training Sessions

The upcoming FOI Solutions training sessions for October/November are as follows:

  • 18 October 2024 - Free session FOI Act Update: 2024 Amendments
  • 23 October 2024 - Basic Training 1
  • 25 October 2023 - Basic Training 2
  • 29 October 2024 - Intermediate Training 1 
  • 30 October 2024 - Intermediate Training 2
  • 21 November 2024 - Understanding Amendment of Personal Information 
  • 27 November 2024 - FOI Professional Standards - Are you Complying?
  • 3 December 2024 - Section 35 - Misunderstood and Underutilised

For more information or to register, please view our website or send an email to marketing@foisolutions.com.au requesting a copy of the flyer.

Question Time

Q: Whilst waiting on a response as to whether the requestor will accept partial access, is the 30-day decision timeframe paused?

 

A:  No. Whether or not partial access is sought is not a pre-condition as to whether there is a valid request.  As it is not one of the elements for a valid request (which are set out in s 17 of the FOI Act), it is not a matter which the Freedom of Information Act 1982 provides will have the effect of pausing the 30-day decision and notification period under s 21.

 

Q: If a document is received that is not physically labelled/marked ‘confidential’ at the time that it is provided to the agency, can the agency still deem it to be a confidential document?

 

A:  A document does not have to be labelled or marked “confidential” for it to have been communicated in confidence.  If fact, even if it is marked “confidential” that alone is usually insufficient to lead to the conclusion that it was communicated in confidence for the purposes of s 35(1)(b).

 

In addition to the terms of the document and any labels/markings, you should consider:

  • The nature of the information in the document; 
  • The purpose for which the information was provided;
  • The circumstances in which it was provided, which can include:
    • The intention of the person making the communication (which can be ascertained if mandatory consultation occurs);
    • The intention of the person/agency receiving the communication.